UMA KANT SINGH WITH SANJAY KUMAR SRIVASTAVA WITH SHAMBHU NATH YADAV WITH RAVINDRA GOPE WITH RAMA SHANKAR RAM Vs. STATE OF BIHAR
LAWS(JHAR)-2001-7-66
HIGH COURT OF JHARKHAND
Decided on July 18,2001

Uma Kant Singh With Sanjay Kumar Srivastava With Shambhu Nath Yadav With Ravindra Gope With Rama Shankar Ram Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) ALL these cases relate to Technical Assistants of Animal Husbandry and Fishery Department. The petitioners have also challenged the common order, dated 23rd October, 1998, whereby and whereunder, alleging the appointments, made by the Regional Directors as illegal, it has been ordered to give notice and terminate the services of illegal appointees. In the aforesaid background, the cases have been heard together and are being disposed of by this common order.
(2.) THE short questions, involved in these cases, are (a) whether the Regional Director of Animal Husbandry Department of State has a jurisdiction to make appointment against class III Post of Technical Assistant ? and (b) whether the appointments of the petitioners are illegal or not ? To determine the issues, one must look into the background and relevant facts, as set -out hereunder. The respondent -State came out with a scheme known as (sic) Semen Bank Project. Altogether, 400 posts of Technical Assistant were created, as is evident from letter No. 2267, dated 24th April, 1996, which are mentioned hereunder : Ranchi 92 Palamau 70 Lohardaga 21 Gumla 32 Jamshedpur 36 Chaibasa 50 Dumka Region 100 Total 400
(3.) FROM the letter, contained in Memo No. 5192, dated 22nd July, 1993, it will be evident that all the 400 posts of Technical Assistant were created for one year and extended for subsequent years 1991 -92 and 1992 -93, Steps were also taken for extension of such posts for the year, 1993 -94 and vide Memo No. 82 -Ranchi, dated 25th January, 1992, it was decided by the State to transfer all the 400 posts of Technical Assistant to non -plan.;


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